Both pro and anti-gay marriage advocates gathered at a Miami-Dade Courthouse where a lawsuit brought by gay couples is attempting to overturn Florida’s same-sex marriage ban that was voted into the state constitution in 2008.
Attorneys for the same-sex couples claim that the ban is discriminatory and violates the U.S. Constitution’s guarantee of equal protection under the law. An attorney representing six of the same-sex couples that brought the suit asked the judge to throw out the ban, claiming that it makes same-sex couples second-class citizens.
“It’s the right of a person to choose who they love and who they make their future with,” the attorney told the court.
The State of Florida has taken the position that recent U.S. Supreme Court rulings regarding the federal Defense of Marriage Act gave states sole power to define marriage. The State contends that the citizens of Florida voted that marriage should be defined as between a man and a woman and the federal government should respect that vote.
The hearing also drew many pro-ban advocates, some wearing American-flag stickers that read “Respect My Vote.” An attorney representing the pro-ban forces asked the judge not to make any hasty decisions regarding same-sex marriage in Florida and questioned the legal reasoning of many of the judges who have overturned same-sex marriage bans in other states.
There are currently 19 states (and the District of Columbia) that allow same-sex marriage. It is still unclear when the judge will make a ruling in this case.
The family law attorneys at Farah & Farah will naturally be following this case because it will have a huge impact on family law in Florida. If you have questions concerning your rights in a family law dispute, don’t hesitate to call Farah & Farah at (800) 533-3555 or contact us online. Your case review is free.